SRC-JBJ C.S.H.B. 2557 77(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 2557
77R15383 DAK-FBy: Jones, Elizabeth (Wentworth)
Jurisprudence
5/10/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

In some circumstances, it is possible for a person owed money as a result
of a judgment on a claim (judgment creditor) to refuse to accept payment
from the other party to a suit (judgment debtor) in order to adversely
affect the credit rating of the judgment debtor, which can have financial
repercussions beyond the amount owed under the judgment.  C.S.H.B. 2557
provides for the issuance of a recordable release of judgment if the
judgment creditor refuses to accept payment.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 31.008, Civil Practice and Remedies Code, by
amending Subsections (g) and adding Subsection (h), to require the court,
if a judgment debtor complies with Subsection (b) and (c) and the judgment
creditor refuses to accept payment of the amount under the judgment or
accepts payment under the judgment and refuses to execute a release of
judgment, to set the matter for hearing on a party's motion or on the
court's own motion to determine whether or not a release should be filed.
Authorizes the court, on notice and hearing, to direct the judgment debtor
to prepare and file a recordable release of the judgment with the clerk of
the court if the court makes certain findings.  Reletters existing
Subsection (g) as Subsection (h). 

SECTION 2.  Effective date: September 1, 2001.  Provides that this Act
applies only to the payment of any judgment on or after that date, without
regard to whether the judgment was entered before, on, or after that date. 


SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Differs from the original by amending previously proposed
provisions regarding the payment of certain judgments or persons not
accepting payment for certain judgments. 

SECTION 2.  No changes.